SHOBA RANI Vs. SAFAID SINGH

JUDGEMENT

(1.) THIS petition U/s 49. Cr. P. C has arisen in the following circumstances of the case. The petitioner happens to be the wife of the respondent No. 3 and was married to him on 18. 6. 1983. The other two respondents are her father in law and mother in law respectively. The respondents hail from Poonch. A male child was born to the petitioner out of her wedlock with respondent No 3 on 4. 4. 1984. The petitioner being a Government servant working in the Civil Secretariat, she joined her duty in the month of August, 1984. While leaving Poonch for Jammu, she was not of allowed to take her babe along and was, allegedly, deprived of his custody, by her inlaws. Her husband is also undergoing K. A. S. Coarse at Jammu, and, therefore, it was prayed that orders for production of the child in the const and his custody to the petitioner/mother may be passed.

(2.) THE respondents have filed objections to the petition, herein, the relationship as existing between the parties as also other material particulars have been admitted. They have, however, denied to have deprived the petitioner of the custody of her child. According to them, the petitioner abandoned the child at Poonch so as to join her duty at Jammu. They have resisted the custody of the child to be given to the petitioner.

(3.) IN pursuance of the Court Order dated 33, 6. 1985, the child was produced in the Court on II. 5. 1985 and the interim custody of the child given to the petitioner.